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Report No. 100

Chapter 4

Limitation in Suits by the Government

4.1. The law of limitation and suits by the Government.-

The law of limitation in India, allows to the Government, in regard to suits instituted by it, a period of thirty years, irrespective of the nature of the cause of action.1 This is provided in Article 112 of the Limitation Act, 1963, which applies to all suits instituted by the Government-Central or State, with an exception of minor importance not material for the present purpose. The period allowed to Government is much longer than that allowed in respect of suits by private parties. Suits by private parties are governed by varying periods, depending upon the nature of the cause of action and other relevant circumstances. For most suits relating to causes of action not concerned with immoveable property, the period available to private parties is three years. In contrast, the Government is allowed a uniformly long period of thirty years, under Article 112 mentioned above.

1. Article 112, Limitation Act, 1963.

Litigation by and against the Government - Some Recommendations for Reform Back

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